Previous Year Question
Consider the following statements.
In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50% of the votes polled, to be declared elected.
According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the opposition.
Which of the statement(s) given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Elections to the Lok Sabha and State Legislative Assemblies are decided by the candidate securing the highest number of votes. This is commonly known as the First-Past-the-Post System.
A candidate is not required to secure 50% of the valid votes or an absolute majority. Where several candidates contest an election, a candidate can be elected with less than 50% of the votes, provided the candidate receives more votes than every other contestant.
For example, if three candidates obtain 40%, 35% and 25% of the votes respectively, the candidate with 40% is elected even though that candidate has not secured an absolute majority.
Statement 2 is also incorrect. Under Article 93, the Lok Sabha chooses two of its members to be the Speaker and Deputy Speaker. The Constitution does not prescribe that:
the Speaker must belong to the majority party; or
the Deputy Speaker must belong to the opposition.
The Speaker is generally chosen from the ruling party or coalition, while offering the Deputy Speaker’s position to the opposition has been a parliamentary convention. It is not a constitutional requirement.
Under Article 94, the Speaker or Deputy Speaker:
vacates office upon ceasing to be a Lok Sabha member;
may resign by writing to the other presiding officer; and
may be removed by a resolution passed by a majority of all the then members of the Lok Sabha. At least 14 days’ notice is required for such a resolution.